Chapter 11 Flashcards
Federal Court Jurisdiction (3 examples)
federal courts are given jurisdictional authority to hear cases if certain parties are involved
- ambassadors or other reps of foreign governments
- 2 or more state governments
- US government or one of its offices or agencies
Concurrent Jurisdiction
both state and federal courts have jurisdiction
Original Jurisdiction
a trial court, the court in which a case is initially tried
Appellate Jurisdiction
if a person who loses a case in trial court wishes to appeal a decision
litigants
people engaged in a law suit
States’ Rights Era and the Scott Case (3)
- Taney read an opinion that declared that blacks weren’t and couldn’t be citizens
- the Missouri Compromise was unconstitutional
- Congress was powerless to stop the spread of slavery
Plessy v. Ferguson
established separate but equal doctrine
grand jury
hears charges against a person suspected of having committed a crime
indictment
a formal accusation charging a person with a crime
petit jury
weigh the evidence presented at a trial in a criminal or civil case
US marshal (3)
- makes arrests
- secures jurors
- keep order in the courtroom
US State Circuit Court of Appeals for the Federal Circuit
hears cases from a federal claims court and executive agencies
US Court of Federal Claims
handles claims against the US for money damages
US Tax Court
relating to federal taxes
US Court of Appeals for the Armed Forces
hears cases involving members of the armed forces convicted of breaking military law
Territorial Courts
handle civil, criminal, and constitutional cases
Courts of the District of Colombia
civil and criminal cases within the District of Colombia
The Court of Veterans’ Appeals
cases dealing with veterans’ claims for benefits and other problems
Foreign Intelligence Surveillance Court
approve wiretaps and searches of anyone suspected of terrorism
4 Ways Federal Judges are Selected
- Party Affiliation
- Judicial Philosophy
- Sentorial Courtesy
- Background of Federal Judges
Supreme Court Jurisdiction covers 2 types of cases
- cases involving reps of foreign governments
- certain cases in which a state is a party
Duties of Justices (3)
- decide which cases to hear
- decide the case itself
- determine an explanation for the decision aka the Court’s opinion
Chief Justice (2)
- presiding over sessions and conferences at which cases are discussed
- helps administer the federal court system
Law Clerks (2)
- read all appeals filed with the Court and write memos summarizing the key issues of each case
- help prepare Court’s opinion
Role of the American Bar Association
evaluate the professional qualifications of candidates for all Article lll judicial positions
Role of Other Interest Groups
use lobbyists, agents, and media to make their position on nominees
Role of Justices (2)
- write letters of rec
- lobby the president for a certain candidate
Marbury v. Madison
chief justice secured for the Court the power of judicial review
